Ampcontrol Transformers Pty Ltd

[2021] FWCA 6675

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ampcontrol Transformers Pty Ltd
(AG2021/8189)

AMPCONTROL TRANSFORMERS PTY LTD ENTERPRISE AGREEMENT - 2020

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 12 NOVEMBER 2021

Application for approval of the Ampcontrol Transformers Pty Ltd Enterprise Agreement - 2020

[1] Ampcontrol Transformers Pty Ltd (the Employer) has applied for the approval of an enterprise agreement known as the Ampcontrol Transformers Pty Ltd Enterprise Agreement - 2020. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Automotive, Food, Metals, Engineering. Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the AMWU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2021. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Ampcontrol Transformers Pty Ltd for the approval of an enterprise agreement with their employees. The application sought the Commission's endorsement of the terms and conditions outlined in the proposed agreement, which aimed to regulate various aspects of employment, including wages, working hours, and dispute resolution mechanisms. The Commission, acting under the Fair Work Act 2009, was tasked with ensuring that the proposed agreement met the legal requirements for approval.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, particularly focusing on the 'better off overall test' which mandates that the agreement must not disadvantage employees relative to their previous conditions. The Commission needed to assess whether the agreement provided employees with at least the same terms and conditions as those previously in place, or better, when considering all aspects of the employment relationship. Additionally, the Commission examined whether the agreement contained mandatory provisions as required by the Act and whether it adhered to the requirements for good faith bargaining.

In rendering its decision, the Commission found that the proposed agreement satisfied the 'better off overall test' and met all statutory requirements for approval. The Commission noted that the agreement provided employees with improved terms and conditions in several areas, including increased wages and enhanced leave entitlements. It also found that the agreement contained all mandatory provisions and reflected the outcome of good faith bargaining. Consequently, the Commission approved the Ampcontrol Transformers Pty Ltd Enterprise Agreement - 2020, confirming its compliance with the Fair Work Act and its suitability for implementation.

The Fair Work Commission approved the Ampcontrol Transformers Pty Ltd Enterprise Agreement - 2020, effective from the date of the decision. This approval mandates that the terms and conditions set forth in the agreement shall govern the employment relationship between the company and its employees, subject to the provisions of the Fair Work Act and any relevant awards or orders. The agreement will remain in force until it is superseded by a new agreement, or until terminated or varied in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established